PSCI 1040 1st Edition Lecture 3 Outline of Last Lecture The Founding Fathers and the Constitution Outline of Current Lecture Supremacy Clause Altering the Constitution Four Basic Principals of Federalism Repubicanism Federalism Separation of Powers Checks and Balances Federalists vs Anti Federalists First Amendement Establishment Clause Free Exercise Clause Free Speech Clause Freedom of the Press Clause Assembly Clause Second Amendment Third Amendment Fourth Amendment Fifth Amendment Current Lecture Lecture 3 Dispute Resolution and Discussions of the Amendments Dispute Resolution We have already studied a lot of disputes How do you solve them How do you solve conflicts between the central government and the states These notes represent a detailed interpretation of the professor s lecture GradeBuddy is best used as a supplement to your own notes not as a substitute So the Supremacy Clause is created Supremacy Clause Power is in the hands of the Supreme Court and lower federal government Altering the Constitution How do you fix problems in the Constitution How do you change it Two Ways Congress 2 3 of both houses must vote yes to the change The States 2 3 of the states can hold a Constitutional Convention It can be either of these two things but either way 2 3rds must agree None of this needs the President s Signature Four Basic Principals of Federalism 1 Republicanism We choose a representative to represent us an our beliefs and ideas 2 Federalism Shared power between central and state governments Certain business can only be done in State governments and others only in the Central Government ex same sex marriage state issue 3 Separation of Powers Certain rules and tasks are assigned to independent branches 4 Checks and Balances Federalists vs Anti Federalists Federalists Alexander Hamilton James Madison John Jay Anti Federlaists called themselves Political Republicans Patrick Henry James Monroe George Clinton The beliefs of these parties mimic the democratic and republican parties today The Federalists were believers in a strong central government They d rather give the power to the central government than the states The Anti Federalists felt opposite Federalists are like Democrats Anti Federalists are Republicans The biggest obstacle between the Federalists and Anti Federalists No Bill of Rights The Final Product The first 8 or 10 amendments depending on who you re talking to The first 8 deal with personal rights 1st Amendment Establishment Clause Free Exercise Clause Free Speech Clause Freedom of the Press Clause Assembly Clause freedom of association There is no national religion in order to prevent the freedom of speech from being infringed upon There cannot be excessive entanglement between government and religion Government cannot favor any religion over another or religious over non religious AKA A wall of separation between church and state Free Exercise Clause ex Pornography is protected by the 1st amendment but obscenity is not Obscenity is now a local matter What is obscene in one place might not be in another Freedom of the Press clause ex issues with government secrecy Freedom of Association Clause You can hang out with likeminded people 2nd Amendment There are 2 different interpretations to this amendment 1 Only the military can have guns to protect the state 2 Right to Bear Arms You have the right to have a gun whether or not you are part of the military At the moment our country is going by the 2nd interpretation however there are regulations on these amendments AKA You can t have any weapon only certain ones Most of these regulations exist in the cities and the states 3rd Amendment The government cannot force you to house a soldier without consent of the owner 4th Amendment Law against the government to search your home to find some evidence that you committed a crime That way they cannot go through your things and find some way to prosecute you Search warrants can be issued A law enforcement can be issued You have to have a probable clause to have a search warrant 5th Amendment Right to a grand jury and a trial